DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-VII (SW)

[GOVT. OF NATIONAL CAPITAL TERRITORY OF DELHI]

FIRST FLOOR, PANDIT DEEP CHAND SHARMA SHAKAR BHAWAN

Date of Institution: 26.02.2019

Order reserved on : 23.03.2023

Date of Order : 12.04.2023

CASE NO. CC/73/2019

In the matter of:

Vikas Ranjan,

S/o Sh. R.R. Sinha,

R/o B2/1401, Tulip Purple,

Sector 69, Gurugram-122101

                                                                    ….               Complainant

VERSUS

Branch Manager,

Life Insurance Corporation of India,

Community Centre, Plot No 4,

1^st & 2^nd Floor, Mayapuri Ph-I,

New Delhi-110064.

Also at :

M/s Life Insurance Corporation of India,

25, Kasturba Gandhi Marg,

New Delhi-110001.                                        ….               Opposite Party

O R D E R

(By SH. SURESH KUMAR GUPTA, PRESIDENT)

1. The complainant has filed a complaint under section 12 of the Consumer Protection Act (hereinafter referred to as Act) with averments that he had received a call in Sept, 2016 from the OP that OP has issued a policy especially for old customers with several benefits i.e. if complainant will put a certain amount for 15 years and so complainant will get life coverage for the same mature amount, free life term plan, free credit card and 5% cashback if premium is paid through credit card. He believed the representation and paid a sum of Rs 60,000/- in Sept, 2016 upon which representative of OP has collected all the documents from him and took signatures on various papers.  He has issued the cheques.  He did not receive any communication from OP qua term plan and credit card and Life Insurance Policy till Nov, 2016. He was able to contact the executive of OP through customer care whose name is Ms. Mahi.  It was disclosed to him by Ms. Mahi he will soon receive Life Insurance Policy, Term policy and credit card. The policy was received in Nov, 2016 without term insurance policy and credit card. He has contacted Ms. Mahi at the given number and told her he has not received term policy and credit card. He further told Ms. Mahi that OP is required to return the premium amount if term policy and credit card are not received.  He has made number of calls to the OP but in vain. The name of Ms. Indu was on the policy.  He felt cheated from OP as OP is in convenience with Ms. Indu as it was told to him that policy will be directly issued by OP and not through any agent. He has again contacted Ms. Mahi in December, 2016 and told he is no longer willing to continue the policy and requested to refund the amount as he has not received life term policy and credit card. He kept on requesting the OP for the issuance of term policy and credit card but in vain.  The executive of OP told him that he needs to undergo medical check-up. The Op has sent one Mr. Rajan for medical check-up who took his blood samples and conducted ECG at his residence.  He was further informed by the executive of the OP he needs to sign a fresh form for the issuance of credit card.  He continued with LIC policy.  He did not get term plan and credit card despite medical check-ups.  He has made various complainants to various authorities.  He has received email 14.02.2017 that matter is sent to Branch Incharge but nothing positive has come so far. He has raised issues with Ombudsman who advised him to approach Grievance Redressal of OP.  He has contacted OP but in vain.  He has received a call from Ms. Indu after issuance of legal notice dt 27.11.2017 who informed her she has requested Ms. Mahi to help her in achieving the target otherwise she will not get bonus and incentives. She further told her that Ms. Mahi gave her the policy and therefore name of Ms. Indu is mentioned in the policy. The OP has replied on 27.11.2017 that policy does not pertain to their branch.  He has reasonable doubt that commission has been routed to Ms. Indu.  The non-issuance of term policy and credit card is a cheating on the part of OP and fraud has been committed by Ms. Indu, MsMahi and officials of OP.  A notice dated 18.8.2018 was issued by him to OP to refund the premium amount with interest but again in vain. There is deficiency in the service which as caused harassment and mental agony to him. Hence, this complaint.

2. The OP has filed the reply with the averments that LIC policy Number 334520926 for a sum of Rs. 9,00,000/- with yearly premium of Rs. 57,911/- has been issued to complainant on 28.09.2016 for a period of 16 years.  Ms. Indu was the agent for the issuance of policy. The terms & convictions are reflected in the policy.  The policy has lapsed due to non-payment of premium in Sept, 2017.  The insured has option to return the policy for cancellation within 15 days from the issuance of policy but no such request was received from the complainant.  The policy has been issued as per the request made by the insured/complainant in his proposal form.  There was no promise on the part of OP to issue credit card and term policy.  There is no deficiency in service.

3. The complainant has filed a rejoinder wherein stand taken in the complaint is reiterated.

4. The complainant has filed his own Affidavit in evidence wherein he has reiterated the averments of the complaint and relied upon the documents, Annexure A1(Exhibited as Cw1/1 in the affidavit though not exhibited) is the cheque in the favour of OP for a sum of Rs 60,000/-, Annexure 2 is the LIC New Endowment Policy (Ex as CW1/2 in the affidavit though not exhibited), Ex CW1/3 is the call details, Annexure A3 to 5 are the emails  and complaints (Ex as CW1/4,5 &6 in the affidavit though not exhibited), Annexure A6 is the legal notice dt 27.11.2017 (Exhibited as CW1/7 in the affidavit though not exhibited), Annexure A7 is the reply to the notice (Ex as CW1/8 in the affidavit though not exhibited), Annexure A9 is the legal notice dt 18.8.2018 issued by complainant to OP (Ex as CW1/9 in the affidavit though not exhibited).

5. The OP has filed the affidavit of Mr. Ajay Tyagi, Manager of OP in the evidence and reiterated the averments of reply. Ex RW1/1 is the LIC New Endowment Policy and Ex RW1/2 is the statement regarding status of policy.

6. We have heard Ld counsel for the parties and pursued the entire material on record.

7. The perusal of the material on record shows that complainant has been allegedly contacted by representative of the OP who assured him  free life time credit card and term policy in case he will pay certain amount for 15 years and will get life coverage for the same amount.

8. It is for the complainant to disclose the name of the representative who has allegedly assured the issuance of additional benefits life term plan and credit card for life. The name of the representative is not on record so it is difficult to believe the version of the complainant to this extent

9. The complainant has contacted the customer care where one Ms. Mahi answered his call and informed he will receive term policy and credit card but he did not receive the same.  There is nothing in the complaint that Ms. Mahi has initially contacted the complainant and allegedly allured him to take the LIC policy with benefits of term plan and credit card. His repeated calls to customer care and emails to various authorities did not bring any result.

10. The policy RW 1/1 has been issued to him in Nov, 2016 without the term plan and credit card as alleged by the complainant. The name of Ms. Indu is reflected in the policy as an agent. There is nothing on record that Ms. Mahi or Ms. Indu has deputed any representative to contact the complainant.

11. The cooling off period reflected in the policy shows that the policy holder can return the policy within 15 days from the date of receipt of policy if policy holder is not satisfied with the policy. The complainant should have intimated to OP that he does not want to continue with the policy for the non-receipt of term plan and credit card. He has issued emails. The email dated 01.02.2017 shows that he has sought refund of money with interest. This option should have been exercised by him within 15 days from the date of receipt of the policy.  The subsequent legal notices to the OP are of no significance once the option was not exercised within 15 days in accordance with the terms and conditions of the policy.

12. The complainant should have revoked the policy immediately on receipt of the policy if he had not received the allegedly term plan and credit card as allegedly assured by the representative of the OP. He kept of making the calls and sending emails instead of exercising the right course in accordance of the terms & conditions of the policy. One cannot go beyond the terms & conditions of policy Ex Rw1/1. The complainant has not exercised the option within the stipulated period as reflected in the policy. 

13. The complainant cannot go beyond the terms & conditions of the policy Ex RW1/1.  He has not exercised the option for the reasons best known to him once it was clear to him that he has not received the term policy as credit card. The communication with the Op is of no help to the complainant. We do not find any deficiency in the service on the part of the OP.  There is nothing on record that any unfair trade practice was adopted by the OP as name of the representative is not on record and moreover, Ms.Mahi or Ms.Indu has not communicated with the complainant for taking the policy with the benefits of term policy and life term credit card.

14. There is no merit in the complaint and accordingly same is dismissed.

• Parties are left to bear their own cost.
• File be consigned to record room thereafter.
• Announced in the open court.